Unequal pay for equal work: When is it discrimination

Unequal pay for equal work: When is it discrimination

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Unequal pay for equal work: When is it discrimination

Podcast

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Malesela explains that disputes arise when employees in the same position with identical work have different pay, often leading to discrimination claims under the Employment Equity Act. The Act aims to promote equal opportunity and representation at all workforce levels.

Malesela adds that pay differences can be justified by factors such as seniority, length of service, qualifications, or skills retention. It's not always discriminatory to pay different salaries for the same job if there is a valid reason. Section 6(1) of the Employment Equity Act mandates that no one may unfairly discriminate, directly or indirectly, against an employee based on race, gender, sex, and other grounds.

Malesela emphasises that when two people perform the same job but receive different pay, the employer must demonstrate and justify the reasons for the difference. If the difference is not based on a prohibited ground listed in Section 6(1) of the EEA, then the employee needs to illustrate that the differentiation is based on an arbitrary ground and therefore amounts to discrimination which is unfair, and the employer will have to prove that such differentiation is fair and justified.